What would be the punishment of a person, who has killed a person accused of insulting the Holy Prophet (saw)?
Even if it is accepted that the punishment for blasphemy is death, it remains obvious that the punishment is to be implemented by the state authorities. No individual has the right to implement any punishment, of his own accord. The punishment is only to be implemented by the state authorities, and that too, only after allowing the accused sufficient right to defend himself against the accusation. Furthermore, the punishment will only be implemented if it is proven beyond sufficient doubt that the accused has, in fact, committed the crime, for which he has been accused.
If however, an individual has killed a person – for whatever reasons, even if these reasons are considered justifiable by the individual himself – the individual should be punished according to the law of the land in which the crime has been committed. If the court is of the opinion that the individual committed the crime under inciting or provocative circumstances, it may – as it generally does – give some allowance for the individual’s actions, and, thereby, subject him to a lesser or a lighter punishment. On the other hand, if the court of law is of the opinion that the individual does not deserve any allowances on the basis of ‘inciting or provocative circumstances’, then, the individual would be subjected to the severest of punishments allowable for the crime committed, according to the law of the land.
I hope this helps.
March 21, 2001